JA Farms

#Shoftek!

How did they communicate to you that she was expelled until further notice? This letter does not mention any disciplinary action. This letter reads like a threat assessment notification, not a disciplinary notice. Many districts now use a formal Behavioral Threat Assessment (BTA) protocol (often modeled on approaches like the Comprehensive School Threat Assessment Guidelines) that runs on a separate track from discipline. Its purpose is to document that the school flagged a statement as concerning, notify the parent, and shift responsibility onto the parent to seek a mental health evaluation. It's about safety monitoring — it is not, by itself, a suspension or expulsion.

Suspension or expulsion can't be verbal. It must be in writing otherwise it is not valid. This is because of the following reasons:
1) Due process requirements. Under Goss v. Lopez (1975), even a short suspension requires, at minimum, notice of the charges and an opportunity for the student to respond before removal (with narrow exceptions for immediate danger, where notice can follow shortly after). Longer suspensions and expulsions require significantly more formal process — written notice, a statement of the specific rule violated, and typically a hearing.
2) State and district policy. Virtually every district's code of conduct requires written notification of a suspension, including the reason, the number of days, and the parent's right to appeal. A purely verbal "your child can't come back to school" from an administrator, with nothing in writing, is generally considered procedurally deficient — especially for anything longer than a very brief removal.
3) 504-specific requirement. Since your daughter is on a 504 plan, any removal that amounts to a change of placement (expulsion, or more than 10 cumulative days) triggers the manifestation determination review requirement. That process itself requires written documentation — you can't have a valid MDR that isn't in writing, because parents have appeal rights that only make sense if there's a documented decision to appeal.

If the school has verbally told you she's expelled or suspended but this threat-assessment letter is the only paperwork you've received, I'd treat that as a red flag rather than something to accept at face value. I'd:
1) Request the formal, written disciplinary notice — specifically asking for the suspension/expulsion decision in writing, the specific code of conduct provision cited, the number of days, and your appeal rights.
2) Ask directly, in writing, whether a Manifestation Determination Review was conducted before any decision to remove her long-term, and ask for the MDR documentation if one occurred.
3) Not treat the threat-assessment letter as satisfying either requirement — it doesn't mention suspension length, doesn't cite a code of conduct violation, and doesn't reference her 504 rights, which a proper disciplinary notice should.

If I were you, I will send the letter by certified mail tomorrow. I will address it to the pricipal and CC the district 504 coordinator, director of student services, and possibly the superintendent office. Preserve your right.
If you need help drafting the letter, I will be happy to assist.

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